The Procurement Division of Knox County Tennessee will receive sealed bids for the provision of an INDUSTRIAL
WASHING MACHINE as specified herein. Bids must be received by 2:00 p.m. local time on April 16, 2019. Late bids
will be neither considered nor returned.
Deliver Bids to:
Bid Number 2780
Knox County Procurement Division
Suite 100, 1000 North Central Street
Knoxville, Tennessee 37917
The Bid Envelope must show the Bid Number, Bid Name and the Bid Opening Date.
SECTION I GENERAL TERMS AND CONDITIONS
1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Donnie
Fawver Senior Buyer, Construction and Contract Specialist at 865.215.5757. Questions may be faxed to
865.215.5778 or emailed to firstname.lastname@example.org Information about the Knox County Procurement
Division and current solicitations may be obtained on the Internet at www.knoxcounty.org/procurement.
1.2 ACCEPTANCE: Vendors shall hold their price firm and subject to acceptance by Knox County for a period of
one hundred twenty (120) business days from the date of the bid opening, unless otherwise indicated in their
1.3 ALTERNATIVE BIDS: Knox County will not accept alternate bids (those not equal to specifications) unless
authorized by the Invitation for Bid.
1.4 AUDIT HOTLINE: Knox County has established an Audit Hotline to report potential fraud and waste. To report
potential fraud, waste or abuse, please call or 1-866-858-4443 (toll-free). You can also file a report online by
accessing http://www.knoxcounty.org/hotline/index.php. Vendors are hereby cautioned that this Audit
Hotline does not replace the Award Protest Procedures found in Section VI, Item M of the Knox County
1.5 AWARD: Award will be made to the most responsive, responsible bidder meeting specifications, which
presents the product that is in the best interest of Knox County. Knox County reserves the right to award this
bid on an all-or-none basis. The evaluation criteria is listed herein. Knox County also reserves the right to not
award this bid.
1.6 BID DELIVERY: Knox County requires bidders, when hand delivering bids, to time and date stamp the
envelope before depositing it in the bid box. Knox County will not be responsible for any lost or misdirected
mail. The time clock in the Procurement Division shall serve as the official record of time. Electronic
submissions are recorded electronically. Knox County shall not be responsible for technical difficulties
experienced by vendors trying to register, or submit their bid, electronically less than one hour prior to the bid
Bids must be in a sealed envelope/box prior to entering the Procurement Division. Procurement
Division personnel are not permitted to view the submittal nor assist in placing document in an
envelope/box. Additionally, the Procurement Division is not responsible for providing materials for
submittals (e.g.: envelopes, boxes, tape).
1.7 BIDS REQUESTED ON BRANDS OR EQUAL: Unit price bids are requested on products that equal or
exceed the quality and performance of the brands and model numbers listed. References to brand names,
trade names, model numbers or other descriptions particular to specific brand products are made to establish
a required level of quality and functional capabilities, and are not intended to exclude other products of that
level. Comparable products of other manufacturers will be considered if proof of comparability is contained in
the bid. It shall be the responsibility of the bidders, including bidders whose product is referenced; to furnish
with the bid such specifications, catalog pages, brochures or other data as will provide an adequate basis for
determining the quality and functional capabilities of the product offered. Failure to provide this data may be
considered valid justification for rejection of bid.
1.8 BUSINESS OUTREACH PROGRAM: Knox County has established a Business Outreach Program, which
has the responsibility of increasing opportunity for small, minority and women owned businesses. This is being
accomplished through community education programs, policy edification, active recruitment of interested
businesses and process re-engineering.
Knox County is committed to ensuring full and equitable participation for all disadvantaged businesses. Knox
County welcomes submittals from those disadvantaged businesses that have an interest in providing goods
and/or services listed herein. In addition, Knox County strongly encourages the inclusion of disadvantaged
businesses by non-disadvantaged contractors who may wish to partner or subcontract portions of this
agreement in order to accomplish the successful delivery of goods and/or services. If you are a disadvantaged
business and would like additional information about our Business Outreach Program, please contact:
Knox County Procurement Division
Diane Woods, Business Outreach Administrator or
Lori Holmann, Business Outreach Coordinator
Telephone: 865.215.5760 / 865.215.5757
1.9 CONFLICT OF INTEREST: Vendors must have read and complied with the “Non-Conflict of Interest”
statement provided in the vendor registration process prior to the opening of this solicitation.
1.10 DECLARATIVE STATEMENTS: Any statement or words (i.e.: must, shall, will etc.) are declarative
statements and the vendor must comply with the condition. Failure to comply with any such condition may
result in the bid being non-responsive and disqualified.
1.11 DESCRIPTIVE LITERATURE: Vendors, if bidding other than specified, must clearly identify the manufacturer
and the specifications, to which they are submitting. Vendors must also provide descriptive literature with their
1.12 DELIVERY: Vendors must state the delivery time in their bid. Knox County requires that vendors deliver all
products “free on board” to final destination.
1.13 DUPLICATE COPIES: Knox County requires that bids be submitted as one (1) marked original and one (1)
exact copy. No additional copies are required when submitting electronically.
1.14 ELECTRONIC TRANSMISSION OF BIDS: Knox County's Procurement Division will accept electronically
transmitted bids when responding through the county’s online Procurement system. Facsimile submission is
1.15 HOW TO DO BUSINESS: Knox County utilizes a web-based Procurement software system, “Knox
Purchasing On-Line”. The system provides our clients (vendors, county departments and the citizens of Knox
County) with a more enhanced and end-user friendly means of accessing our services. The system allows for
on-line vendor registration and maintenance, electronic receipt of purchase orders, on-line retrieval and
submittal of quotes, bids and proposals for our vendor-clients and on-line requisitioning and receiving for our
county departments. In order for the County to maximize its investment and minimize the cost associated with
office operations we need your help. When doing business with Knox County we are urging you to please go
to our website www.knoxcounty.org/procurement, register as a vendor in our on-line Procurement system,
“Knox Purchasing On-Line”, if you have not done so and whenever possible to conduct your business with the
County through this site. If you have any questions please contact the Procurement Division Representative
listed in Section 1.1 of this document.
1.16 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the bidder in the
preparation of their bid.
1.17 MULTIPLE BIDS: Knox County will consider multiple bids that meet specifications.
1.18 NEW MATERIAL: Unless specified otherwise in the bid package, the Contractor must provide new supplies.
New, as used in this clause, means previously unused materials. Material includes but is not limited to, raw
material, parts, items, components and end products. Contractor submission of other than new materials may
be cause for the rejection of their bid.
1.19 NON-COLLUSION: Vendors, by submitting a signed bid or proposal, certify that the accompanying bid or
proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company
engaged in the same line of business or commerce, or any other fraudulent act punishable under Tennessee
or United States law.
1.20 PAYMENT METHOD: Knox County utilizes two (2) methods of placing orders for products. The first is the use
of Purchase Orders. These Purchase Orders will be issued from Knox County Procurement Division via the
method selected by the vendor during registration. The Purchase Order will detail the quantity, specific item(s)
and the contracted price for each item.
The second method is the use of the Knox County E-Commerce Card (VISA). Orders placed with the credit
card will list the same information as the Purchase Order. Vendors will be given the card information and
approval to process the transactions by the requesting department. Vendors must indicate in their bid
response if the vendor will accept the Knox County E-Commerce Card (VISA) as a form of payment. Bidders
are prohibited to charge Knox County any type of merchant fee from their financial institution to accept this
type of payment.
1.21 POSSESSION OF WEAPONS: All vendors and their employees and their agents are prohibited from
possessing any weapons on Knox County property without prior written consent from the County. In the case
of a vendor whose contract requires possession of firearms or other weapons to successfully complete their
contract, vendor must provide personnel who are bonded to bear said weaponry.
1.22 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to
process invoices for payment.
1.23 PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Vendors must, upon request, furnish satisfactory
evidence of their ability to furnish products or services in accordance with the terms and conditions of these
specifications. Knox County will make the final determination as to the vendor’s ability.
1.24 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further
recycling efforts, request that bids be sent electronically. Bids being submitted on paper shall:
Be submitted on recycled paper
Not include pages of unnecessary advertising
Be made on both sides of each sheet of paper
1.25 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective bidder to
review the entire Invitation for Bid (IFB) packet and to notify the Procurement Division if the specifications are
formulated in a manner that would unnecessarily restrict competition. Any such protest or question regarding
the specifications or bidding procedures must be received in the Procurement Division before April 5, 2019 at
12:00 p.m. local time. These requirements also apply to specifications that are ambiguous.
1.26 SIGNING OF BIDS: In order to be considered all bids must be signed. Please sign the original in blue
ink. By signing the bid document, the vendor acknowledges and accepts the terms and conditions stated in
the bid document. The submission of your electronic bid will be the acknowledgement of signature.
1.27 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
1.28 TITLE VI OF THE 1964 CIVIL RIGHTS ACT: “Nondiscrimination in Federally Assisted Programs”—“No
person in the United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.” 42 U.S.C. Section 2000 et seq.
It is the policy of Knox County Government that all its services and activities be administered in conformance
with the requirements of Title VI.
1.29 USE OF BID FORMS: Vendors must complete the bid forms contained in the bid package. Failure to
complete the bid forms may result in bid rejection.
1.30 VENDOR DEFAULT: Knox County reserves the right, in case of vendor default, to procure the articles or
services from other sources and hold the defaulting vendor responsible for any excess costs occasioned
thereby. Should vendor default be due to a failure to perform or because of a request for a price increase,
Knox County reserves the right to remove the vendor from the County's bidders list for twenty-four (24)
1.31 VENDOR REGISTRATION: Prior to the opening of this bid, ALL BIDDERS must be registered with the
Procurement Division. Please register on-line at our website at www.knoxcounty.org/procurement and click on
“Online Vendor Registration”. Vendors must be registered with the Procurement Division prior to submitting
1.32 WAIVING OF INFORMALITIES: Knox County reserves the right to waive minor informalities or technicalities
when it is in the best interest of Knox County.
SECTION II OBLIGATIONS, RIGHTS AND REMEDIES
These terms and conditions shall be part of the Contract. Knox County reserves the right to negotiate other
terms and conditions it deems appropriate and necessary under the circumstances to protect the public’s
2.1 ALTERATIONS OR AMENDMENTS: No alterations, amendments, changes, modifications or additions to this
Contract shall be binding on Knox County without the prior written approval of the County.
2.2 ASSIGNMENT: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder
to any party, company, partnership, incorporation or person without the prior written specific consent of Knox
2.3 APPROPRIATION: In the event no funds are appropriated by Knox County for the goods or services in any
fiscal year or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the
expenditure of previously appropriated funds or the end of the current fiscal year, whichever occurs first, with
no further obligations owed to or by either party.
2.4 BOOKS AND RECORDS: Contractor shall maintain all books, documents, accounting records and other
evidence pertaining to the goods and services provided under this Contract and make such materials available
at its offices at all reasonable times during the contract period and for three (3) years from the date of the final
payment under this agreement for inspection by County or by any other governmental entity or agency
participating in the funding of this agreement, or any authorized agents thereof; copies of said records to be
furnished if requested. Such records shall not include those books, documents and accounting records that
represent the Contractor's costs of manufacturing, acquiring or delivering the products and services governed
by this agreement.
2.5 CHILD LABOR: Contractor agrees that no products or services will be provided or performed under this
Contract that have been manufactured or assembled by child labor.
2.6 COMPLIANCE WITH ALL LAWS: Contractor is assumed to be familiar with and agrees to observe and
comply with all federal, state, and local laws, statutes, ordinances, and regulations in any manner affecting the
provision of goods and/or services, and all instructions and prohibitive orders issued regarding this work and
shall obtain all necessary permits.
2.7 DEFAULT: If Contractor fails to perform or comply with any provision of this Contract or the terms or
conditions of any documents referenced and made a part hereof, Knox County may terminate this Contract, in
whole or in part, and may consider such failure or noncompliance a breach of contract.
Knox County expressly retains all its rights and remedies provided by law in case of such breach, and no
action by Knox County shall constitute a waiver of any such rights or remedies. In the event of termination for
default, Knox County reserves the right to purchase its requirements elsewhere, with or without competitive
2.8 GOVERNING LAW: The laws of the State of Tennessee shall govern this Contract, and all obligations of the
parties are performable in Knox County, Tennessee. The Chancery Court and/or the Circuit Court of Knox
County, Tennessee, shall have exclusive and concurrent jurisdiction of any disputes, which arise hereunder.
2.9 INCORPORATION: All specifications, drawings, technical information, Invitation for Bid, Bid, Award and
similar items referred to or attached or which are the basis for this Contract are deemed incorporated by
reference as if set out fully herein.
2.10 INDEMNIFICATION/HOLD HARMLESS: Contractor shall indemnify, defend, save and hold harmless Knox
County, its officers, agents and employees from all suits, claims, actions or damages of any nature brought
because of, arising out of, or due to breach of the agreement by Contractor, its subcontractors, suppliers,
agents, or employees or due to any negligent act or occurrence or any omission or commission of Contractor,
its subcontractors, suppliers, agents or employees.
2.11 INDEPENDENT CONTRACTOR: Contractor shall acknowledge that it and its employees serve as
independent contractors and that Knox County shall not be responsible for any payment, insurance or incurred
2.12 INSPECTION AND ACCEPTANCE: Warranty periods shall not commence until Knox County inspects and
formally accepts the goods and/or services. The terms, conditions and timing of acceptance shall be
determined by Knox County. Knox County reserves the right to reject any or all items or services not in
conformance with applicable specifications, and Contractor assumes the costs associated with such
nonconformance. Acceptance of goods or services does not constitute a waiver of latent or hidden defects or
defects not readily detectable by a reasonable person under the circumstances.
2.13 IRAN DIVESTMENT ACT: By submission of this bid, each bidder and each person signing on behalf of any
bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under
penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created
pursuant to Tennessee Code Annotated § 12-12-106.
2.14 LIMITATIONS OF LIABILITY: In no event shall Knox County be liable for any indirect, incidental,
consequential, special or exemplary damages or lost profits, even if Knox County has been advised of the
possibility of such damages.
2.15 NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the
grounds of handicap, age, race, color, religion, sex or national origin, shall be excluded from participation in, or
be denied benefits of, or be otherwise subjected to discrimination in the performance of this agreement, or in
the employment practices of vendor. Contractor shall upon request show proof of such non-discrimination,
and shall post in conspicuous places available to all employees and applicants notices of non-discrimination.
Contractor covenants that it complies with the Fair Wage and Hour Laws, the National Labor Relations Act,
and other federal and state employment laws as applicable. Contractor covenants that it does not engage in
any illegal employment practices.
Contractor covenants that it has no public or private interest, and shall not acquire directly or indirectly any
interest, which would conflict in any manner with the provision of its goods or performance of its services.
Contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly
to any officer or employee of Knox County as wages, compensation, or gifts in exchange for acting as officer,
agent, employee, subcontractor or consultant to Contractor in connection with any goods provided or work
contemplated or performed relative to the agreement.
2.16 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provision of this Contract and
referenced documents, the following descending order of precedence shall prevail: (1) Item Description, (2)
Invitation for Bid, (3) Bid, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7)
Specifications, (8) Drawings.